Archive for October, 2015

A woman has received compensation from the Worcester Acute Hospitals NHS Trust for a mistreated broken leg injury that has left her with a deformed right leg and nerve damage.

In August 2012, Sally Marsh (25) of Diglis, Worcestershire, was playing soccer for her local women’s football team. During the game, she fell awkwardly on her right leg, resulting in two broken bones. The emergency services were called, and Sally was taken by ambulance to Worcester Royal Hospital, where her leg was placed into a full cast.

As Sally was released from hospital, she was informed that it was safe to put weight on her right leg. The full-leg cast was replaced by a half-leg cast after a two month period, and remained on Sally’s leg for a further six weeks. When that cast was removed, it appeared that Sally’s leg had not healed properly.

Sally was seen by an orthopaedic specialist, who discovered that Sally’s bone had set at a nineteen degree angle. Sally would need another operation to align the bone properly. The NHS Trust cancelled and postponed Sally’s operation several times, resulting in Sally not having the operation until nine months after the misaligned bone was discovered.

During those nine months, Sally experienced continuous pain in her leg. She was forced to take time off of work, and was unable to pursue her regular pastimes or hobbies. When the correction surgery finally took place, Sally had a metal cage fitted to her leg to support it. However, the cage led to Sally developing a bacterial infection, which resulted in her taking antibiotics for several weeks.

Sally sought legal counsel, and made a claim for compensation for the negligence treatment of a broken leg against the Worcester Acute Hospitals NHS Trust. The claim alleged that Sally should have been kept in hospital longer when she initially broke her leg, and that there was a failure by the hospital to appreciate the need for prompt surgical intervention. She also said that the hospital’s mistakes led to avoidable nerve damage and a deformity in her right leg.

An investigation was launched into Sally’s injuries. The Worcester Acute Hospitals NHS Trust acknowledged that there had been failings in the standard of care which Sally had received. The defendants admitted liability for Sally’s injuries, and the two legal teams are in the process of negotiating a settlement of her claim for the negligent treatment of a broken leg.

After the Worcester Acute Hospitals NHS Trust admitted liability, Sally commented: “It’s a relief that at least now the NHS Trust has admitted that it made mistakes and my legal case can move to the next stage. I just hope that no one else has to suffer as I have in the future.”

A Court of Sessions judge in Edinburgh has awarded a six-figure settlement of compensation to a child who was born with a brachial plexus injury because of midwife negligence.

The claim was made by an anonymous woman on behalf of her child, who is too young to represent themselves in legal matters. The child – known as “Baby C” – was born with a permanent brachial plexus injury to his right shoulder because of excessive force used during his mother’s labour.

The boy was born at the Law Hospital Maternity Unit in July 1999. Initially, it was planned that Lynn Kerr – a student midwife – would perform the delivery, but as it progressed Baby C began to emerge with the umbilical cord around his throat. From that point, Sister Rosemary Murphy – a more experienced midwife – took over.

The court heard from the mother’s legal team of how Sister Murphy didn’t recognise the situation as one of potential emergency and used excessive force (likened to a “tug of war” in court) to deliver the baby boy. The lawyers commented that the actions by the midwife were “pretty violent” and alleged that she neglected protocols that were established in 1999 for such a situation.

Both the Lanarkshire Acute Hospitals NHS Trust and Sister murphy denied negligence and disputed the mother’s claim for midwife negligence. However, the judge overseeing proceedings in the Court of Sessions – Judge Lady Rae – found in the mother’s favour, ruling that the evidence was sufficient to show that Sister Murphy’s actions were wrong.

In her written judgement, Lady Rae noted that “I am satisfied that in course of his birth, C suffered a severe brachial plexus injury to his right side as a result of the negligence of the defenders’ employee Sister Rosemary Murphy and for whom the defenders are responsible. Sister Murphy failed to recognise an obstetric emergency after the student midwife had been unable to deliver the body of C after delivery of his head. As a result of these failures C was born with a severe brachial plexus injury to his right shoulder.”

Before awarding Baby C £725,000 in compensation, Lady Rae commented that Sister Murphy should have called for help “at the time and in the circumstances”.